In the supreme court of india




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IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION No. OF 2011

(Under Article 32 of the Constitution of India)


IN THE MATTER OF:

Articles 14, 21 and 32 of the Constitution of India; and

AND IN THE MATTER OF:

Rule 3(3)(ii)(iii) of the All India Services Conduct Rule 1968

AND IN THE MATTER OF:

Implementation of the recommendations of the following:

  1. Committee on Civil Service Reform (Hota Committee) on Civil Service Reform,

  2. Second Administrative Reforms Commission, Central Staffing Scheme,

  3. Committee on Prevention of Corruption (Santhanam Committee Report),

  4. Economic Administration Reforms Commission (Jha Commission)


IN THE MATTER OF:

1. T.S.R. Subramanian

Former Cabinet Secretary

to the Government of India,

‘Guru Kripa’, 74, Sector 15 A,

NOIDA - 201 301

2. Dr. Abid Hussain

Former Ambassador of India

to United States of America

237, Sector 15 A,

NOIDA - 201 301


3. T. S. Krishna Murthy

Former Chief Election

Commissioner

Flat No.9, Gokul Tower

(Next to Mookambika Complex)

No.7, Sir C.P. Ramaswamy Road,

Alwarpet, Chennai - 600 018


4. N. Gopalaswami

Former Chief Election

Commissioner of India,

Flat no.5, 'Leo Madhuram',

39, Giri Road, T.Nagar,

Chennai - 600 017


5. Ved Prakash Marwah

Former Governor of Manipur,

Mizoram and Jharkhand,

A-2 Hira Mahal,

44 Amrita Shergill Marg,

New Delhi – 110003


6. Bhure Lal

Former Secretary to

the Government of India,

Former Chairman of the

Environment Pollution (Prevention)

Control Authority (EPCA)

67, Lodhi Estate,

New Delhi – 110003


7. N.C. Saxena

Member,

National Advisory Commission

68 Friends Colony West,

New Delhi – 110065


8. Jagdish Chandra Pant

Former Secretary to

the Government of India

Ministry of Health &

Family Welfare

Shraddha Kunj,

159/I Vasant Vihar,

Dehradun – 248006


9. Surendra Narain Mathur

Former Managing Director,

Indian Railway Finance Corporation

706, ‘Nanda’, Kaushambi

Apartments, Sahibabad

(Dist. Ghaziabad) – 201010


10. Arvind Varma

Former Secretary,

Ministry of Chemicals and Petroleum,

Government of India

K 67 A, Hauz Khas Enclave,

New Delhi – 110016


11. Prem Narain Mittal

Former Member (Investigation)

Central Board of Direct Taxes

A-56, Retreat Apartments, 20,

I. P. Extension, Delhi-110092


12. Keki Daruwalla

Former Special Assistant to

the Prime Minister on

International Affairs

79 Mount Kailash,

SFS Apartments,

New Delhi -110065


13. R.L. Narayan

Former High Commissioner

to Canada

D-71, I.F.S. Apartments,

Mayur Vihar, Phase – I,

Delhi – 110 091


14. Ajay Prasad

Former Secretary,

Civil Aviation,

Government of India

C-622, Ground Floor,

New Friends Colony,

New Delhi-110025


15. Sharad Chandra Behar

Former Chief Secretary,

Madhya Pradesh

E-4 /12, Arera Colony,

Bhopal – 462016

16. Nirmala Buch

Former Secretary to

the Government of India

Ministry of Rural Development

E-4/17, Arera Colony,

Bhopal – 462016


17. Arundhati Ghose

Former Ambassador to

United Nations Offices in Geneva

and to the Conference on Disarmament

C 1903 Palam Vihar,

Gurgaon - 122017


18. Amitabh Chandra

Former Principal Secretary,

Medical Education &

Drugs Department,

Government of Maharashtra

C 601 Blossom Boulevard,

South Main Road,

Koregaon Park, Pune - 411 001


19. Nripendra Misra

Former Chairperson,

Telecom Regulatory Authority of India

A-222(FF), New Friends Colony,

New Delhi -110065


20. Sivaramakrishnan S. Natarajan

Former Chairman,

Ordinance Factory Board &

Director General,

Ordinance Factories,

Ministry of Defence,

Department of Defence Production

C - 3, Ramaswamy Apartments,

41, Warren Road,

Mylapore, Chennai - 600 004

21. Joginder Singh

Former Director,

Central Bureau of Investigation

123-124, Now Sansad Vihar,

CGHS, Sector 22, Plot No. 4,

Dwarka, New Delhi -110077


22. Bahukutumbi Raman

Former Additional Secretary,

Cabinet Secretariat,

Government of India

A-2/3, Bharathi Dasan Colony,

K.K. Nagar, Chennai – 600078


23. B. K. Ratnakar Rao I.P.S.

Former Secretary (Security),

Cabinet Secretariat,

Government of India

425, 10th Main,

Banashankari II Stage,

Bangalore – 560070


24. Arun Bhagat

Former Director

Intelligence Bureau,

Government of India

D-84, Gulmohar Park,

New Delhi-110049


25. Sushil Tripathi

Former Secretary,

Ministry of Petroleum & Natural Gas,

Government of India

27, Sector 15 A,

Noida – 201 301


26. Rajinder Jit Khurana

Former Chairman,

Joint Intelligence Committee,

Cabinet Secretariat,

Government of India

Former Secretary to the

Government of India

E-1/202, Arera Colony, Bhopal – 462016


27. Krishna V. Rajan

Former Secretary,

Ministry of External Affairs,

Government of India

B-73, IFS Apartments,

Mayur Vihar, Phase-1,

Delhi-110091


28. Rakesh K. Mittal

Former Social Welfare Commissioner,

Uttar Pradesh

1/14, Vishwas Khand,

Gomti Nagar, Lucknow – 226010


29. Amar Nath Ram

Former Secretary,

Ministry of External Affairs,

Government of India

D-73, IFS Apartments, Mayur Vihar Phase-1, Delhi-110091


30. Raj K. Bhargava

Former Home Secretary,

Government of India

C-390, Defence Colony,

New Delhi 110024


31. Kewal Ram Bhati

Former Vice Chairman

Uttarakhand Public Services

Tribunal, Dehradun

25, Navyug Enclave,

Indirapuram III, GMS Marg,

Dehradun


32. Dr. S. Chakravarthy

Former Member,

Monopolies and Restrictive Trade

Practice Commission,

Government of India

6-3-864/2/B, Sadat Manzil,

Begumpet, Hyderabad 500016


33. Shailaja Chandra

Former Chairperson,

Public Grievances Commission and

Appellate Authority under

Delhi Right to Information Act, 2001,

Government of NCT of Delhi

F 6/3 Vasant Vihar,

New Delhi - 110057


34. Francis Thomas Raphael Colaso

Former Director General of Police,

Karnataka 3, Gitanjali Apartments,

16, Moyenville Road,

Langford Town,

Bangalore - 560025


35. Ravindra Gupta

Former Secretary Heavy

Industries and Public Enterprises

H-50, Sector 39, NOIDA - 201301


36. Siddharth Kak

Former Member

Customs Central Board

of Excise and Customs (Spl. Secretary)

Sector-27, District Gautam

Budh Nagar,

Noida - 201301


37. Ajit Kumar

Former Finance Secretary,

Government of India

A-13, IFS Apartments,

Mayur Vihar Phase-1,

Delhi-110091


38. Dr. Jagdish Khattar

E – 16, Sector – 40, Noida – 201 301,

Former Joint Secretary,

Ministry of Steel,

Government of India

Chairman and Managing Director,

Carnation Auto India Pvt. Ltd.

Studio 205, IHDP, Plot No. 7,

Sec. 127, Noida-201301


39. Mano Ranjan

Former Secretary,

Ministry of Steel,

Government of India

C-62, GF, Sector 14,

Noida - 201 301


40. Pravin Chandra Sharma

Former Member

Board of Revenue Uttar Pradesh

Former Chairman,

Uttar Pradesh State Roads Corporation

B-35, Sector C, Aliganj,

Lucknow 226024


41. H.H. Vishwanathan

Former High Commissioner of India to Nigeria

J 041, Windsor Park, Indirapuram,

Ghaziabad -201014


42. Sarita Prasad

Former Secretary,

Ministry of Social Justice & Empowerment,

Government of India

C-622, Ground Floor,

New Friends Colony, New Delhi-110025


43. N.K. Sabharwal

Former Director,

Cooperation for Development

Bureau for Asia and the Pacific at the

World Intellectual Property Organisation (WIPO)

85-M, Greater Kailash-I,

New Delhi 110048


44. Varghese Alexander Valiaparampil

Former Adviser Transport,

Planning Commission of India

Bethel Bhavan,

Chettimukku, Maramon (Kerala) - 689549


45. P. Venkatarama Venkatakrishnan

Former Chairman,

Pollution Control Board, Chennai

Former Member,

Central Administrative Tribunal

2D, Front Block,

Sri Sai Subodaya Apartments,

66 East Coast Road, Tiruvanmiyur,

Chennai-600041


46. K. Aggarwal

Former Principal Advisor, Planning

Commission, Government of India

281, Tower 4, Supreme Enclave, Mayur

Vihar Phase –I,

Delhi-110091


47. Kamal Nain Bakshi

Former Ambassador of India to Italy

A-24, IFS Apartments,

Mayur Vihar-1, Delhi-110091


48. Bhagirath Lal Das

Former Secretary, Department of Steel,

Government of India

1102, Vindhyachal, Kaushambi,

Ghaziabad - 201010


49. Jai Paul Gupta

Former Financial Commissioner,

Punjab

H.No. 81, Sector 19-A,

Chandigarh - 160019

50. Swatantra V. S. Juneja

Former Special Secretary,

Ministry of Finance

Former Director General,

Asian Development Bank, Manila

Founder Member Indian Council

for Research on International Economic Relations

214, Sector 15A,

Noida – 201 301


51. D.V.Kapur

Former Secretary to the

Government of India

Ministries of Power, Heavy Industry

and Chemicals & Petrochemicals

405 Aradhana Apts.,

Sector-13 R K Puram,

New Delhi-110066


52. Bishambar Makhija

Former Principal Advisor,

Planning Commission,

Government of India

307, Shalaka, Mah. Karve Road,

Mumbai 400021.


53. Ravindra Mathur

Former Secretary to the

Government of India

Former Chief Secretary,

Uttar Pradesh

B-2/1, Vipul Khand,

Gomti Nagar, Lucknow – 226010


54. Mahesh Prasad

Former Chairman Indian Trade Promotion Organisation

20, Sector 14A,

Noida – 201 301


55. L.V. Saptharishi

Former Secretary to the

Government of India

Former Election Observer,

Chapra parliamentary Constituency

in Bihar for General Elections 2004

M-88, Greater Kailash -II,

New Delhi – 110048


56. Ram Updesh Singh

Former Chairman, Bureau of Public Enterprises,

Former Vigilance Commissioner

1, Aniket IAS Colony, Kidwaipuri, Patna-800001


57. Ishwar. C Srivastava

Former Chairman & Managing Director,

Rajasthan Minerals

Development Corporation, Jaipur

President, Transparency International

(Rajasthan Chapter)

4-Ka, 26, Jawahar Nagar,

Jaipur - 302004


58. Dr. Gopalan Sundaram

Former Secretary, Ministry of Tourism,

Government of India

A 601, “Dugar Apartments”

Keshav Perumal Puram,

Greenways Road, Chennai - 600028


59. R.P. Agrawal

Former Secretary, Higher Education,

Government of India

31, Greenwoods Society Phase II,

Sector Omega I, Pocket P-II,

Greater Noida – 201308


60. Anil Baijal

Former Secretary,

Ministry of Urban Development,

Government of India

E-524, Greater Kailash,

Part II,

New Delhi, 110048


61. Kulbir Singh

Former Chief Administrative Officer,

Northern Railway (Ministry of Railways)

64, Jacaranda Marg, DLF City,

Phase II, Gurgaon – 122002


62. Dipak Chatterjee

Former Secretary,

Ministry of Commerce,

Government of India

Former Ambassador of India

to European Union,

Belgium & Luxembourg

A-001 Belvedere Tower,

DLF Phase-2,

Gurgaon 122002


63. Arun Bongirwar

Former Chief Secretary,

Maharashtra

Former Chairman,

Jawaharlal Nehru Port Trust

10A, Nyay Sagar,

Near Guru Nanak Hospital,

Kalanagar, Bandra East,

Mumbai 400051


64. Deepak Dasgupta

Former Chairman,

National Highways Authority of India

C-604, Central Park,

DLF Golf Course Road,

Sector - 42, Gurgaon - 122002


65. D.S. Bagga

Former Chief Secretary

Government of Uttar Pradesh

46-B, Green View Apartments,

Sector 15-A, Noida – 201 301


66. Harsh Gupta

Former Chief Secretary,

Himachal Pradesh

2910/ C-1, Sushant Lok,

Phase-1, Gurgaon 122009


67. S.K. Arora

Former Ambassador of India

to Iran

13, Sector 15A,

Noida – 201 301


68. D.R. Kaarthikeyan

Former Director of the

Central Bureau of Investigation

Former Director General

of the National Human

Rights Commission

Former Special Director General,

Central Reserve Police Force

102, Anand Lok,

New Delhi - 110049


69. Kura Ram Lakhanpal

Former Chief Secretary,

Punjab

Address - House No - 638,

Sector - 16 D,

Chandigarh – 160016


70. Mr. Jagmohan L. Bajaj

Former Chairman UP Electricity Regulatory Commission

184, Sector 15A,

Noida – 201 301


71. B.S. Sial

Former Director General of Police, NSG

198, Sector 15A,

Noida – 201 301


72. Raghubar Dayal

Former Managing Director,

Container Corporation of India

B-100, Defence Colony,

New Delhi-110024


73. Manohar Subrahmanyam

Former Joint Secretary

Department of Food,

Ministry of Agriculture and

Rural Development

Government of India

C-77 Indira Nagar,

Lucknow 226016


74. P.P.Khanna

Former Development Commissioner,

Small Scale Industries,

Government of India

213, Sector 15-A, NOIDA - 201 301


75. N.N. Vasudev

Former Vice-Chairman Railway Claims Tribunal

338B, Sector 15A,

Noida – 201 301


76. Proloy Bagchi

Former Additional Secretary,

Department of Posts and Telegraphs,

Government of India

1, Chinar Lake, Ridge Apartments,

Ridge Road, Idgah Hill,

Bhopal – 462 001.


77. Mr. Vijay Kumar

Former Secretary

Ministry of External Affairs

7, Sector 15A,

Noida – 201 301


78. Dr. S. Narayan

Former Secretary to

the Prime Minister

Former Chief Economic Adviser

to the Prime Minister

64, ABM Avenue,

Chennai – 28


79. S. Regunathan

Former Chief Secretary,

Government of Delhi

A-61, Gulmohar Park, New Delhi – 110047


80. Surendra Singh Pangtey

Former Administrative Member,

Board of Revenue, Lucknow

25 F, Neembuwala, Garhi Cantt.

Dehradun 248003


81. Anand Sarup

Former Chairman,

National Book Trust of India

Former Education Secretary,

Government of India

15D, Golf View Apartments,

Saket, New Delhi-110017


82. Surjit Kishore Das

Former Chief Secretary, Uttarakhand

66, New Moti Bagh,

New Delhi – 110023


83. Bhalachandra N. Bhagwat

Secretary, Ministry Human

Resource Development,

Government of India

8, Priya, Worli Sea-Face,

Mumbai - 4000 30

..Petitioners


Versus


1.

Union of India

Through the Cabinet Secretary

Cabinet Secretariat

Rashtrapati Bhavan

New Delhi - 110004


2.

State of Andhra Pradesh

Through the Chief Secretary

Government of Andhra Pradesh

C-Block, Secretariat, Hyderabad -500022


3.

State of Arunachal Pradesh

Through the Chief Secretary

Government of Arunachal Pradesh

Banquet Hall, Niti Vihar, Itanagar – 791 111


4.

State of Assam

Through the Chief Secretary

Government of Assam

Assam Secretariat (Civil), Block – C,

3rd Floor, Dispur,

Guwahati – 781 006


5.

State of Bihar

Through the Chief Secretary

Government of Bihar

Main Secretariat,

Patna, 800015



6.

State of Chattisgarh

Through the Chief Secretary

Government of Chattisgarh

DKS Bhawan, Mantralaya,

Raipur - 492001


7.

State of Goa

Through the Chief Secretary

Government of Goa

Secretariat, Porvorim,

Goa – 403521


8.

State of Gujarat

Through the Chief Secretary

Government of Gujarat

New Sachivalaya,

Gandhinagar - 382 010


9.

State of Haryana

Through the Chief Secretary

Government of Haryana

Room No. 4, 4th Floor

Haryana Civil Secretariat,

Sector-1,

Chandigarh - 160001


10.

State of Himachal Pradesh

Through the Chief Secretary

Government of Himachal Pradesh

HP Secretariat,

Shimla - 171002


11.

State of Jammu & Kashmir

Through the Chief Secretary

Government of Jammu & Kashmir

R. No. 2/7, 2nd, Floor Main Building,

Civil Secretariat, Jammu, 180001


12.

State of Jharkhand

Through the Chief Secretary

Government of Jharkhand

Project Building,

Dhurwa Post Office,

Ranchi – 834004



13.

State of Karnataka

Through the Chief Secretary

Government of Karnataka

Room no. 320,

3rd Floor, Vidhan Soudha,

Bangalore - 560001



14

State of Kerala

Through the Chief Secretary

Government of Kerala

Government Secretariat,

Thiruvananthapuram - 695001



15.

State of Madhya Pradesh

Through the Chief Secretary

Government of Madhya Pradesh

Mantralaya, Vallabh Bhawan, Bhopal – 462004


16.

State of Maharashtra

Through the Chief Secretary

Government of Maharashtra

Mantralaya,

Mumbai 400032


17.

State of Manipur

Through the Chief Secretary

Government of Manipur

Old Secretariat, South Block,

Imphal – 795001 (Manipur)


18.

State of Meghalaya

Through the Chief Secretary

Government of Meghalaya

Meghalaya Civil Secretariat,

Shillong - 793001


19.

State of Mizoram

Through the Chief Secretary

Government of Mizoram

New Secretariat Complex,

Aizawl, 796001


20.

State of Nagaland

Through the Chief Secretary

Government of Nagaland

Nagaland Civil Secretariat,

Kohima - 797004



21.

State of Orissa

Through the Chief Secretary

Government of Orissa

Orissa Secretariat,

Bhubaneswar – 751001


22.

State of Punjab

Through the Chief Secretary

Government of Punjab

Punjab Civil Secretariat, Sector - 1 Chandigarh-160017


23.

State of Rajasthan

Through the Chief Secretary

Government of Rajasthan

Government Secretariat, Jaipur-302005


24.

State of Sikkim

Through the Chief Secretary

Government of Sikkim

Gangtok, Sikkim -737101


25.

State of Tamil Nadu

Through the Chief Secretary

Government of Tamil Nadu

Secretariat, Fort St. George,

Chennai, Chennai-600009


26.

State of Tripura

Through the Chief Secretary

Government of Tripura

New Secretariat Complex,

Post Office Kunjavan,

Agaratala-799006


27.

State of Uttarakhand

Through the Chief Secretary

Government of Uttarakhand

Uttarakhand Secretariat, 4, Subhash Road,

Secretariat,

Dehradun-248001


28.

State of Uttar Pradesh

Through the Chief Secretary

Government of Uttar Pradesh

Lal Bahadur Shastri Bhawan,

Secretariat,

Lucknow-226001



29.

State of West Bengal

Through the Chief Secretary

Government of West Bengal

Secretariat, Writers Building,

Kolkata-700001


30.

Union Territory of Andaman

& Nicobar

Through the Chief Secretary

Andaman & Nicobar (UT) Administration

Secretariat,

Port Blair - 744101


31.

Union Territory of Chandigarh

Through the Advisor to the Administrator

(Chandigarh)

UT Secretariat, Sector 9,

Chandigarh -160009


32.

Union Territory of

Daman & Diu

Through the Administrator

Daman and Diu (UT) Administrator

Secretariat, Moti Daman,

Secretariat, 396220


33.

Union Territory of Dadra &

Nagar Haveli

Through the Administrator

Dadra & Nagar Haveli (UT)

Secretariat,

Silvassa- 396230


34.

National Capital Territory (NCT)

of Delhi

Through the Chief Secretary

Government of NCT Delhi,

Delhi Secretariat,

I.P. Estate,

New Delhi- 110002


35.

Union Territory of Lakshadweep

Through the Administrator

Union Territory of Lakshadweep

Kavaratti,

Lakshadweep - 682555



36.

Union Territory of Puducherry

Through the Chief Secretary

Puducherry Administration

Chief Secretariat, 1,

Beach Road, U.T. of Puducherry,

Puducherry- 605001 ...Respondents









WRIT PETITION UNDER ARTICLE 32

OF THE CONSTITUTION OF INDIA


TO

THE HON’BLE THE CHIEF JUSTICE OF INDIA AND HIS HON’BLE COMPANION JUSTICES OF THE SUPREME COURT OF INDIA


THE HUMBLE PETITION OF THE PETITIONER ABOVE NAMED


MOST RESPECTFULLY SHOWETH:


  1. The Petitioners herein, are citizens of India are preferring the present writ petition, which is by way of public interest litigation are senior civil servants who have retired after attaining the senior-most ranks of the higher Civil Services. They are, amongst others, a Cabinet Secretary, a Governor, Chief Election Commissioners, Chief Secretaries to various State Governments, Secretaries to the Government of India, Ambassadors and High Commissioners, Heads of Police / Paramilitary forces/ Investigative Agencies at the Centre and in the States, Heads of Departments, Commissions and Tribunals, Advisors to the Government of India and have served at senior levels in various international organizations, including the United Nations. The Petitioners have all served in the civil services for long periods of time and between them have more than two thousand five hundred man–years of hands-on experience of public administration. They have thus acquired intimate knowledge of the capabilities, strengths and weaknesses of the administrative machine. Further, they represent officers who entered service over a twenty - two year time span (ranging from the 1950 to the 1972 batches) and have thus witnessed both the evolution as well as the deterioration in the standards of the civil services. They seek no personal gain or benefit from this Petition, but instead, as insiders hope to use the insights gained through long years of experience to suggest effective measures of systemic administrative reform.




  1. That it is widely acknowledged, including by the Government of India, that poor implementation and weak oversight have distorted and reduced the effectiveness of Government policies and programmes. Thus, the Second Administrative Reforms Commission (ARC) acknowledged that “governance is admittedly the weak link in our quest for prosperity and equity. Elimination of corruption is not only a moral imperative but an economic necessity for a nation aspiring to catch up with the rest of the world. Improved governance in the form of non-expropriation, contract enforcement, and decrease in bureaucratic delays and corruption can raise the GDP growth rate significantly” (Second ARC, Fourth Report on Ethics in Governance). The Tenth Five Year Plan noted that “people’s welfare is largely determined by the efficiency of public delivery mechanisms. The best plan cannot compensate for poor implementation; accountability and efficiency in all our public institutions is the key to unlocking the potential of our country and to sustained social development.”




  1. That weak governance has adversely impacted performance and resulted in unacceptably poor outcomes in a large number of critically important sectors. While the official estimates of poverty in India range from 28% (Planning Commission), to 37.2% (Suresh Tendulkar Committee), to at least 50% (NC Saxena Committee), to as high as 77% (Sengupta Committee), it is clear that well over a quarter of our population still lives below the poverty line. The persistence of large-scale poverty and illiteracy, the lack of employment, shelter, clean drinking water, basic sanitation and health care, food and nutrition, are all manifestations of serious failures of national governance. Despite its high growth rate, India scores poorly in virtually all international rankings of countries based on indices of social development (India ranked 134 out of 182 countries surveyed in the UNDP’s widely recognized annual Human Development Index for 2009).
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